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Features

<b><i>Sales Speak:</i></b> Award Winners: What Can We Learn? Image

<b><i>Sales Speak:</i></b> Award Winners: What Can We Learn?

Beth Cuzzone & Darryl Cross

In every issue of <i>Marketing the Law Firm</i>, we read about best practices and new trends. However, not even that prepared us for this year's LSSO (Legal Sales and Service Organization Inc.) Legal Sales and Service Awards winners — specifically, the long-term success established in a short amount of time at two law firms.

Features

The FLSA's Overtime Provisions Image

The FLSA's Overtime Provisions

Noah Finkel, Colton Long, Kyle Petersen & John Giovannone

<b><i>Construing Them Broadly, But the Exemptions Narrowly</i></b><p>FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But this canon has a dubious foundation and tends to be applied inconsistently to justify a result.

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ljnstaff

Discussion of two recent cases.

Features

Preventing Insider Trading at Biopharma Companies Image

Preventing Insider Trading at Biopharma Companies

Scott R. Jones

Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.

Features

Oral Appellate Arguments in 'Blurred Lines' Copyright Case Image

Oral Appellate Arguments in 'Blurred Lines' Copyright Case

Scott Graham

Lawyers for Marvin Gaye's heirs and recording artists Pharrell Williams and Robin Thicke were singing past each other in court in October. But it wasn't clear which side was making the most headway with the appellate court.

Features

After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses? Image

After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?

Janice G. Inman

The recent decision in <i>Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC</i> seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff

The U.S. Supreme Court is deciding whether to consider the case of Southern Baptist Hospital of Florida v. Charles, which pits a plaintiff against a hospital in the ongoing battle over which documents are privileged as adverse event records for the improvement of quality of care, and which must be turned over to aggrieved patients and their families.

Features

New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies Image

New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies

Robert J. Anello & Christina Lee

As the adoption of cryptocurrencies spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations mean greater scrutiny than ever before.

Features

Laterals: When Is the Best Time to Make a Move? Image

Laterals: When Is the Best Time to Make a Move?

Hugh A. Simons & Paola Cecchi-Dimeglio

If you are a partner considering a lateral move, then you are probably focused on the boost a new firm could offer your practice, and on cultural fit. However, the authors' review of the 2,353 partners who moved between Am Law 100 firms in 2010 through 2012 suggests that some more prosaic factors matter too.

Features

The New Patent Venue Regime Image

The New Patent Venue Regime

Conor Tucker

Venue in patent cases lies "in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." Since 1990, the Federal Circuit interpreted the term "resides" coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. But this year, the Supreme Court greatly narrowed that definition in <i>TC Heartland v. Kraft Foods</i>. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.

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